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MORGAN'S EXECUTOR v. GAY

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86 U.S. 81 (1874)

19 Wall. 81

22 L.Ed. 100

MORGAN'S EXECUTOR, v. GAY.

Supreme Court of United States.

March 3, 1874.

Attorney(s) appearing for the Case

Messrs. J.A. and D.G. Campbell, for the plaintiff in error; no opposing counsel.

Mr. Justice STRONG delivered the opinion of the court.

The plaintiff is an assignee of the bills within the meaning of the eleventh section of the Judiciary Act of 1789, and by the express provisions of the section is not entitled to maintain his action in the Circuit Court, unless a suit might have been prosecuted in such court to recover the contents of the bills if no assignment had been made. But the petition does not show that the indorsers through whom the plaintiff...

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